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South Africa Case Law

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Labour Law [2023] ZAGPJHC 1136

Makwela and Another v Dario Investments t/a Tembisa Superspar (2023-091028)

Makwela and Another v Dario Investments t/a Tembisa Superspar (2023-091028) [2023] ZAGPJHC 1136 (10 October 2023)

Court
South Gauteng High Court, Johannesburg
Case number
2023-091028
Judge
Phahlamohlaka

The court found that the applicants' contracts of employment were terminated by the respondent in breach of both contractual obligations and internal policy procedures. The respondent's denial of the existence of internal policy was contradicted by its own documentation and admissions. The court held that it had jurisdiction under section 77(3) of the BCEA, as the claim was framed as a breach of contract and not as an unfair dismissal under the LRA. The urgency was established by the applicants' demonstration of immediate and irreparable harm, and the application was brought within a reasonab…

Source excerpt

  • Breach Of Employment Contract
  • Urgent Interdict
  • Specific Performance
  • Section 77 3 Bcea
  • Internal Policy Compliance
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Labour Law [2017] ZALCJHB 273

South African Municipal Workers Union and Others MEC for COGHSTA and Others (J1677/17)

South African Municipal Workers Union and Others MEC for COGHSTA and Others (J1677/17) [2017] ZALCJHB 273 (1 August 2017)

Court
Labour Court Johannesburg
Case number
J1677/17
Judge
B Whitcher

The court found that there was insufficient evidence that the draft policy requiring union observer status was ever formally adopted by council resolution. The documents relied upon by the applicant referred to a draft policy subject to further consultation, with no proof of final adoption. The second respondent complied with the statutory requirements under the Local Government Municipal Systems Act and Regulation 12(3), which do not mandate union observer status. Therefore, the appointment process was lawful, and the applicant was not entitled to the urgent relief sought. The issue of trans…

Source excerpt

  • Municipal Manager Appointment
  • Internal Policy Compliance
  • Observer Status In Selection Panel
  • Local Government Systems Act
  • Regulation 12 3
  • Transparency In Appointments
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.